Extrais — End User License Agreement
1. Scope & relationship to other terms
The App is one component of Extrais. This EULA licenses the software itself. The Terms of Service describe the marketplace service, the rules between Clients and independent Pros, credits, and our role as a neutral intermediary; the Privacy Policy describes our data practices under the GDPR, the UK GDPR, the Swiss revised FADP, the Turkish KVKK, and applicable US and Canadian law. If a conflict arises specifically about the software licence, this EULA controls; for service or data matters, the Terms of Service or Privacy Policy control respectively. Defined terms not defined here have the meaning given in the Terms of Service.
2. Licence grant
Subject to your continued compliance with this EULA, TABA grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and run one copy of the App, in object-code form, on an Apple-branded or Android device that you own or control, solely for your own lawful, personal, non-commercial use of the Extrais service (or, for a Pro, the operation of that Pro's own independent business through the App).
This licence is granted to you only, and only for use consistent with the App Store Terms of Service / Apple Media Services Usage Rules (for the App obtained from the Apple App Store) or the Google Play Terms of Service (for the App obtained from Google Play), as applicable. The App is licensed, not sold, to you. You acquire no ownership interest in the App by virtue of this licence.
3. Restrictions
Except to the extent this restriction is prohibited by applicable law or permitted by the licence terms governing any open-source component, you must not, and must not permit anyone else to:
- copy, reproduce, or distribute the App, except as strictly necessary to install and use it as permitted above;
- modify, adapt, translate, or create derivative works of the App;
- reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the App;
- rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
- remove, obscure, or alter any copyright, trademark, or other proprietary notice in or on the App;
- circumvent, disable, or interfere with any security, licensing, authentication, rate-limiting, or technical-protection feature of the App;
- use the App to build or train a competing product or service, or to scrape, harvest, or extract data from the App or the Extrais service;
- use the App in any unlawful manner, or in violation of the Terms of Service, the Acceptable Use Policy, or the applicable app-store Usage Rules.
4. Reservation of rights & intellectual property
The App and all copies of it, and all intellectual-property rights in it — including the software, source and object code, design, structure, "look and feel", user interface, text, graphics, the "Extrais" name and logo, and all related trademarks and trade dress — are and remain the exclusive property of TABA and its licensors, and are protected by copyright, trademark, and other laws. This EULA grants you only the limited licence expressly stated in Section 2. All rights not expressly granted to you are reserved by TABA and its licensors. Third-party names and marks are used descriptively (nominative fair use) only and remain the property of their respective owners.
5. Updates & changes
TABA may, from time to time and at its discretion, develop and provide App updates, which may include patches, bug fixes, enhancements, new or modified features, and new versions (collectively, "Updates"). Updates may be delivered automatically through the Apple App Store or Google Play, or through our in-app update mechanism. You agree that the App may automatically download and install Updates, and that this EULA governs all Updates unless an Update is accompanied by a separate licence, in which case that separate licence controls. We may also change, suspend, or discontinue the App, or any feature of it, in whole or in part. Some Updates may be required for continued use; if you do not install a required Update, the App or certain features may not function or may cease to function.
6. Third-party components & open source
The App incorporates third-party and open-source software components, which are licensed to you under their own licence terms. Those terms are made available within the App or its documentation and, to the extent of any conflict with this EULA with respect to that component, the component's own licence terms govern that component. TABA makes no warranty in respect of any third-party component, and your use of any third-party service accessed through the App (for example an app store, a maps provider, or a push-notification service) is also subject to that third party's own terms and privacy practices.
7. Term & termination
This EULA is effective when you first download, install, or use the App and continues until terminated. Your rights under this EULA terminate automatically, without notice, if you breach any of its terms. You may terminate this EULA at any time by ceasing all use of the App and deleting all copies of it from your devices. We may suspend or terminate this licence, or your access to the App, if you breach this EULA, the Terms of Service, or applicable law, or to protect the App, our users, or third parties.
Effect of termination. On termination, the licence granted in Section 2 ends and you must stop using and delete the App. Sections that by their nature should survive — including Sections 3 (Restrictions), 4 (Reservation of rights & IP), 8 (Disclaimer of warranties), 9 (Limitation of liability), 10 (Export controls & sanctions), 11 (Governing law), 12 (Apple App Store — Additional Terms, including the third-party-beneficiary right), and 14 (General) — survive termination. Termination of this software licence does not by itself terminate your Extrais account or the Terms of Service, which provide separately for account closure; nor does it affect any credits, which are addressed in the Terms of Service and our Credits & Refunds Policy.
8. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", with all faults and without warranty of any kind. TABA and its licensors disclaim all warranties, conditions, and representations, whether express, implied, or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. TABA does not warrant that the App will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.
Mandatory consumer rights preserved. Nothing in this Section or this EULA excludes, restricts, or modifies any guarantee, warranty, right, or remedy that you have under mandatory consumer-protection law that may not lawfully be excluded — including, for consumers in the EU/EEA, the Digital Content Directive (EU) 2019/770 and the Consumer Rights Directive; for consumers in the United Kingdom, the Consumer Rights Act 2015; and equivalent protections under Swiss, Turkish, US, and Canadian (including Québec) law. Where such law applies, the disclaimers above apply only to the extent permitted by that law.
9. Limitation of liability
To the maximum extent permitted by applicable law, TABA and its directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the App, even if advised of the possibility of such damages. To the extent liability cannot be wholly excluded, TABA's total aggregate liability arising out of or relating to the App under this EULA is limited to the greater of (a) the amount you paid TABA, if any, for the App or for credits used through the App in the three (3) months before the event giving rise to the claim, or (b) EUR 50.
Nothing in this EULA excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for gross negligence or wilful misconduct, or any liability or remedy that mandatory consumer law reserves to you. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you; in that case our liability is limited to the smallest extent permitted by law.
10. Export controls & sanctions compliance
The App may be subject to export-control and economic-sanctions laws, including those of the United States, the European Union, the United Kingdom, and the Republic of Türkiye. You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country or territory subject to a comprehensive embargo or restrictive measures by the United States, the EU, the UK, or the UN (currently including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk, and Luhansk regions); (b) you are not identified on any restricted-, denied-, or prohibited-parties list maintained by a competent authority (including the U.S. OFAC Specially Designated Nationals list, the U.S. Denied Persons List, and EU/UK sanctions lists); and (c) you will not use, export, re-export, or transfer the App in violation of any applicable export-control or sanctions law. You may not use the App for any purpose prohibited by such laws.
11. Governing law
This EULA is governed by, and construed in accordance with, the laws of the Republic of Türkiye, without giving effect to conflict-of-laws rules, and without prejudice to any mandatory consumer-protection or data-protection rights you have under the law of your country of residence (including, for EU residents, the law of the member state where you live). Where a dispute is not subject to mandatory local rules, it shall be subject to the competent courts and execution offices of Istanbul, Türkiye. Nothing in this Section deprives a consumer of the protection of mandatory provisions of, or the right to bring proceedings in, their place of residence. This Section 11 is subject to Section 12 (Apple App Store — Additional Terms) for the App obtained from the Apple App Store.
12. Apple App Store — Additional Terms
The following additional terms apply only where you obtained the App from the Apple App Store ("Apple-Sourced Software"). In the event of any conflict between this Section and the rest of this EULA, this Section controls with respect to Apple-Sourced Software. By using Apple-Sourced Software, you acknowledge and agree to the following.
- Parties to this EULA. This EULA is concluded between you and TABA only, and not with Apple. TABA, not Apple, is solely responsible for the App and its content.
- Scope of licence. The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded device that you own or control, and only as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions / App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, to the extent permitted by Apple.
- Maintenance & support. TABA, not Apple, is solely responsible for providing any maintenance and support services for the App, as required under this EULA or applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may contact us at info@vitamedas.com.
- Warranty. TABA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Apple and TABA, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TABA.
- Product claims. TABA, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of any third-party software or services. This EULA does not limit TABA's liability beyond what is permitted by applicable law.
- Intellectual-property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, TABA, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual-property infringement claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will comply with any applicable third-party terms of agreement when using the App.
- Developer name & address. Any questions, complaints, or claims with respect to the App should be directed to: TABA Tasarım İnşaat A.Ş., info@vitamedas.com.
- Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
13. Google Play
Where you obtained the App from Google Play, your download and use of the App is also subject to the Google Play Terms of Service and the Google Play Business and Programs Policies, in addition to this EULA. Google is not a party to this EULA and is not responsible for the App or its content. To the extent of any conflict between this EULA and the Google Play Terms of Service with respect to the App obtained from Google Play, the Google Play Terms of Service govern that conflict, but only to the extent of the conflict and only for the App obtained from Google Play.
14. General
If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any right or provision is not a waiver of it. You may not assign or transfer this EULA or any rights under it; we may assign it to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets. This EULA, together with the Terms of Service and Privacy Policy (and, for purchases, the Credits & Refunds Policy), is the entire agreement between you and TABA regarding the App and supersedes any prior agreement on that subject. For the relationship between Clients and Pros, the role of TABA as a neutral intermediary, credits, and dispute handling, see the Terms of Service and our Acceptable Use Policy; our sub-processors are listed at subprocessors.html.
15. Contact
TABA Tasarım İnşaat A.Ş. — info@vitamedas.com